Omaha daily bee., 1887-03-03

formal act of recognition by the governors
proclamation OF the success of the late con-
sttutonal amendment, notwithstanding the
fact of its having been mt the proper time
and place and in the legal way declared de.
feated. beg to submit the following and ask
that IT be spread on the record:
Since the passage OF the act providing for
recount of the vote on the constitutional
amendment two questions have arisen to my
mind: |. AS to the right of the legislature to
review the ballots and recount the vote on
the amendment. 2. If the right of the lcgiS-
laturc does exist to 90 behind the return, have
we proceeded according to law? These are the
two questions desire to present to the SEN
ate; not with any view to prevent the legis-
latnre from remaining in session twenty
days more, NOR Of attempting to impede the
much needed legislation in this state but
only that we fully understand ourselves and
if we have no provision of law that meets
such an emergency that our judiciary COM
mlttee may formulate and present us such an
act during our remaining twenty days.
"By provisions of section 4, chapter 8, page
50 of the compiled statutes which reads:
Public notice that the proposed amendment or
amendments is. or are to be voted upon, shall
be given in each county in the same manner
as is or may be required DY law regulating
general elections, and the returns shall be
made and the votes canvassed in the same
manner and by the same officers OF the state
This section, you will see, declares that the
vote on any constitutional amendment shall
be canyaSsed by the same officers and in the
same manner as that by which the vote OF
governor. lieutenant governor and all other
state officers are canvassed.
This is the constitutional provis' on on pro-
posed amendments. Now, what are the stat
utory provisions contemplated in this sec.
tion 4, chapter of the constitution? Chap
ter 26, section 81 and 81 page $50, have been
enacted to make the provision operative.
Section 81 sets forth the manner of canvass
ing this vote and how the returns are to be
made to the speaker of the house of repre-
sentatives. Section 5? provides for duplicate
abstracts and returns to be made to the secre-
tary of state, and defining the duty OF the sec
retary of state to canvass the vote and make
q tabular statement for the use of the legisla-
ture:
by the returns made to the secretary of
state and his tabular statement, the amend
ment was certified to have been defeated, as
he is required TO do by section 52, chapter 26
The legislature in joint convention un-
der tho authority delegated to them on the
9th dav of January last, declared that the
amendment had been defeated.
"This was all that could be done by the
secretary of state, and the lie sisature. Now
what was the remedy under the constitution
to review and recount the vote, if there was
any? Would it not have been better when
the result was obtained from the tabu-
lar statement of the secretary of state that
some freeholder should have, by some pro-
cess or legal proceeding. as for instance as in
Gated that there should be a recount? That
sort of Il proceeding in my Judgment, would
ever. what would next have produced IA more
Tss1itac'0Fy Tssh$ Why, # not SIR %Rfs %Ren 'fa ia
joint convention on the 9th of January some
senator or member had arisen in his place
protested that the amendment had carried,
and after inaugurating the state officer, ad-
journed to such time when the votes could be
produced from the several counties and then
be counted in due form of law. Under such
a proceeding no newspaper or any, one could
have said salary grabber or applied an odium
to any of this legislature.
II am apprehensive that we have not com
piled with the fundamental and statutory
laws in this proceeding, and am therefore
impelled to thus record my protest against
this procedure, which is clearly outside all
law, either fundamental or statutory, except
Which was enacted for this purpose
No action was taken upon the above.
Mr.. Smell offered resolution that the sue
cessful parties in the contest eases in the
senate be paid reasonable expenses of the
same, and that the committee on privileges
and elections decide the amount due them.
Laid over under the rules.
The senate then adjourned.
NOTES.
The governor has signed senate file 4, fixing
maximum passenger rates on railroads at s
cents per mile.
A written message from the governor an
nounced that in accordance with the provis-
ions of an act approved February %, 1857, he
had issued his proclamation declaring the re-
suit OF the recount of votes of electors on the
legislative amendment, which the secretary
read After reciting the moves made for the
recounting of the ballots and the result OBJ
tanned thereby, and giving the context of the
amendment, the governors message con-
cludes as follows: ''By virtue of the authority
in me vested by the act approved FEBRUARY
%, 1887 do hereby issue this my prOcama-
tion, and do hereby declare that the amend
ment known as the proposed amendment to
the constitution, relating to the legislative
department. was adopted by majority of all
the votes cast at said election, and do hereby
announce and declare the said amendment
above reclted to be adopted. and is part of
the constitution of the state of Nebraska"